MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 October 2000                  
	DOCKET NUMBER:   AR2000046158

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his discharge be upgraded so he may obtain medical and dental benefits.

APPLICANT STATES:  That from his records it can be seen that at age 17 he became addicted to heroin while in the Army.  It has completely ruined his life.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 16 September 1954.  He enlisted in the Regular Army on         15 November 1971.  He completed basic training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).  

On 24 March 1972, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 1 – 14 March 1972.  

On 21 July 1972, court-martial charges were preferred against the applicant charging him with AWOL for the period 19 June to on or about 20 July 1972. 

The applicant completed a separation physical examination and was found qualified for separation.  On his Report of Medical History, SF 93, he listed his health as “excellent” and made no mention of any type of addiction.  His medical records show he had been treated for difficulty breathing through the nose, multiple nodules on the scalp, and a sprained ankle.  There is no evidence to show he sought or was treated for an addiction of any kind.  

On 26 July 1972, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He made a statement in his own behalf wherein he stated he did not think there was any way he could conform to the Army.  It was against everything he believed in.  He did not look down upon the type of discharge he would receive.  He was sure he could make it.

On 28 July 1972, the applicant underwent a mental status evaluation.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.

On 10 August 1972, the appropriate authority approved the request and directed the applicant receive an Undesirable Discharge Certificate.
On 15 September 1972, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial.  His Report of Separation or Transfer, DD Form 214, is not available.  His Personnel Qualification Record, DA Form 20, shows he had 44 days of lost time. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.

On 31 May 1979, the Army Discharge Review Board denied the applicant’s request for an upgraded discharge.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.  

3.  There is no evidence of record to show that the applicant was addicted to heroin while he was in the Army nor any evidence to show that his misconduct was caused by such an addiction.  Considering the length of the applicant’s AWOL, the type of discharge given was and still is appropriate.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __lds___  __bje___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000046158	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19720915	
DISCHARGE AUTHORITY	AR 635-200, ch 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.